On January 13, 2021, Goldenberg Schneider filed the first nationwide class action lawsuit against Midwestern Pet Foods, Inc. (“Midwestern”) in the United States District Court for the Southern District of Indiana. Midwestern is a manufacturer and seller of pet foods, including the Sportmix and Pro Pac brand pet foods.* Plaintiffs allege that despite its representations and express warranties regarding the safety and quality of these pet foods and the manufacturing processes used to create them, Midwestern sold dog and cat food containing dangerous levels of Aflatoxin, a toxin produced by the mold Aspergillus flavus. Aflatoxin can grow on corn and other grains used as ingredients in pet food. At high levels, aflatoxin can cause illness or death in pets. Pets with aflatoxin poisoning may experience symptoms such as sluggishness, loss of appetite, vomiting, jaundice (yellowish tint to the eyes, gums or skin due to liver damage), and/or diarrhea. In some cases, this toxicity can cause long-term liver issues and/or death. Some pets suffer liver damage without showing any symptoms.
On December 30, 2020, Midwestern announced a recall of certain lots of Sportmix products after the U.S. Food and Drug Administration (“FDA”) was alerted about reports of at least 28 dogs that died and eight that had fallen ill after consuming Sportmix products. The FDA now estimates at least 70 dogs have died and at least another 80 pets are believed to have become sick after consuming Sportmix products. According to the FDA, pet owners whose pets have been eating the recalled products should contact their veterinarians, especially if they are showing signs of illness.
If you or anyone you know purchased Sportmix pet food and would like additional information about your legal rights, we would be pleased to discuss the matter with you. You can contact the attorneys at Goldenberg Schneider, LPA by calling [513-982-1569 or sending an email to [email protected].
*Sportmix brand pet foods include: Sportmix Premium Energy Plus dog food; Sportmix Premium High Energy dog food; Sportmix Premium Maintenance dog food; Sportmix Premium Stamina dog food; Sportmix Premium Puppy Small Bites; Sportmix Original High Protein dog food; Sportmix Original Bite Size dog food; Sportmix Gourmet Mix cat food; Sportmix Original cat food; Pro Pac Adult Mini Chunk; Pro Pac Performance Puppy; Splash Fat Cat 32%; Nunn Better Maintenance; Sportmix Original Cat; Sportmix Maintenance; Sportmix High Protein; Sportmix Energy Plus; Sportmix Stamina; Sportmix High Energy; Sportmix High Energy; Sportmix Premium Puppy; Pro Pac Adult Mini Chunk dog food; Pro Pac Performance Puppy; Nunn Better Maintenance dog food; and Sportmix Bite Size.